The resolution of conflicts through the mediation linked to the public defender

Abstract

One of the purposes of mediation is to contribute to the reestablishment of personal relationships through dialogue that promotes respect and cooperation, considering, therefore, the situation of vulnerability of the participants. In Brazil, mediation received a remarkable stimulus, even in the legislative sphere - with the enactment of Law no. 13,140, of June 26th, 2015 and the Code of Civil Procedure of 2015, which shows the importance given to this institute. This study deals with mediation as an instrument for the resolution of conflicts and aims at verifying the compatibility between the aforementioned method of conflict resolution and the services provided by the Public Defender, verifying projects instituted by different Public Defenders. Subsequently, a detailed analysis of the Project for Mediation and Conciliation for Resolution of Extrajudicial Conflicts, promoted by the Public Defender of the Brazilian Federal District, which evidences the success of the use of mediation as a conflict resolution instrument within the scope of the Public Defender’s Office. It is concluded that it is interesting to have incentives to implement projects related to mediation in the scope of the Public Defender’s Office, mainly because of the promotion of out-of-court settlement of litigation and benefits obtained by society.